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Jayesh Kunwardia

Jayesh Kunwardia | Partner

jkunwardia@hja.net 020 7874 8430

Legal 500 - Leading IndividualRanked in Chambers UK 2017Legal Aid Lawyer of the Year 2015

I am the Head of Social Housing and the principal Partner for property disputes. I litigate across a broad range of areas of housing and property law disputes ranging from disrepair claims, landlord and tenant disputes, judicial review, possession claims, review/appeals relating to local authority housing decisions to matters concerning freeholder or leaseholder disputes, injunctions, boundary disputes, property nuisance/negligence claims, rights of way and party wall disputes.

I also have extensive experience of cases which have been decided in the First-tier Tribunal, County Court, Administrative Court, Court of Appeal and The Supreme Court.

In 2015 I won the Legal Aid Lawyer of the Year award in the housing category.

I am recognised as a ‘Leading Individual’ in the Legal 500 who noted my “well-earned reputation for leading claimant work.” I was also described as “diligent, creative, sensible and robust’ and “not afraid to take on cases which stretch and develop the law’” “he fights for his clients with great gusto and positivity.”

Education

  • Postgraduate Diploma in Law (LPC) – Guildford 1997
  • LLB Honours Degree – London 1996

Career

  • Management Board 2016
  • Member – Hodge Jones & Allen 2015
  • Legal Aid Lawyer of Year 2015 – Housing Category
  • Head of Social Housing & Property Disputes Team 2014
  • Head of the Social Housing Team at Hodge Jones & Allen 2013
  • Salaried Partner at Hodge Jones & Allen November 2008
  • Associate at Hodge Jones & Allen March 2008
  • Joined Hodge Jones & Allen 2007
  • Admitted as a Solicitor 2000

Client Comments

  • “It is actually very difficult to put into words how Jayesh has helped me. He is a man of very great character.”
  • “Jayesh is a good solicitor, a clever man and has a very strong knowledge of the law. He has helped me and my family very much and we are now so happy to be in the accommodation we have together thanks to Jayesh.”
  • “He has devoted a lot of time in helping me to get my views across in my case and I am now in better circumstances thanks to Jayesh.”
  • “The most amazing and professional person. He has a lot of time for his clients’ needs.”

Notable Cases

  • The Queen on the Application of Alemi v Westminster City Council [2015] EWHC 1765 (Admin) where the defendant council’s allocation scheme for social housing was declared unlawful and the claimant’s right to bid for social housing was reinstated.
  • Nzolameso v City of Westminster [2015] UKSC 22, the leading case on the question of whether it is lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living.
  • Imran Malik v Joseph McGahan [2013] EWCA Civ 798 which related to a claim for possession against a trespasser and the argument on whether an eviction requiring the trespasser to vacate private land on which they had established a home was not disproportionate. The majority of the Court of Appeal declined to comment on the issue but the minority suggested obiter that the ECHR 1950 Article 8 was capable of application where squatters had trespassed onto a private landowner’s land and established a home.
  • London Borough of Camden v Kellie Stafford [2012] EWCA Civ 839, in which the Court of Appeal dismissed the local authority’s appeal concerning the issue over the termination of an introductory tenancy.
  • Broomleigh Housing Association Ltd v Okonkwo [2010] 2 W.L.R 749, in which the Court of Appeal offered guidance on the correct exercise of discretion when applying CPR Pt 71, which relates to the Civil Courts jurisdiction to make committal orders. This case subsequently led to fresh guidance being entered into The White Book 2011 edition on committal orders.
  • Ofulue v Bossert [2009] UKHL 16, which concerned an adverse possession claim and the impact of the without prejudice rule on acknowledgments of title falling within section 29(2) of the Limitation Act 1980.
  • R (Limbuela and others [2005] UKHL 66: [2006] A.C 396 in which the Secretary of State’s application of S.55 NIAA 2022 to deny accommodation and support to asylum seekers was held to be unlawful and contrary to Article 3 ECHR.

Directory recommendations

I am recognised in the leading UK legal directories:

  • Legal 500 2016 – ‘One of the leading individuals dealing with disrepair claims, landlord and tenant disputes, judicial review, possession claims, review/appeals relating to local authority housing decisions.’
  • Legal 500 2015 – Practice head and ‘star of the sector’ Jayesh Kunwardia is ‘not afraid to take on cases which stretch and develop the law’; he ‘fights for his clients with great gusto and positivity.’
  • Legal 500 2014 – ranked as a leading individual (‘brilliant’ litigator who ‘pushes every case to its limits’ and….known for defending difficult possession and disrepair cases).
  • Chambers & Partners 2017 – He is widely known for his work on a recent Supreme Court case which involved an appeal by a mother of five, made homeless as a result of her refusal to be re-housed in Milton Keynes by Westminster Council. Of his legal judgement, one source says: “He can really pick apart a case and knows what to run with.”
  • Chambers & Partners 2016 – Sources describe Jayesh Kunwardia as “an incredibly impressive leader who represents his client tenaciously.” He is well regarded by his peers, who also note that he is “an excellent strategist and technician who gets brilliant results for his clients.”
  • Chambers & Partners 2015 – Jayesh Kunwardia is praised for his client care skills and deep understanding of the sector. “He is very enthusiastic, and he gives a first-class service which is very client-focused, with an eye on developing novel points of law.”

Membership & Appointments

  • The Housing Law Practitioners’ Association (HLPA)

Personal Interests

In my spare time I enjoy spending time with my family, gardening and cycling.